Yagoda v. Yagoda

73 A.D.2d 619, 423 N.Y.S.2d 451, 1979 N.Y. App. Div. LEXIS 14428

Opinion

Appeal by defendant from an order of the Supreme Court, Kings County, dated May 8, 1979, which awarded a counsel fee of $1,250 to plaintiffs attorney to be used in opposing defendant’s appeal from a prior order modifying the child support provisions in a judgment of divorce. Order reversed, without costs or disbursements, and the matter is remanded to Special Term for a de novo hearing to determine the relative financial circumstances of the parties so as to permit a proper allocation of the counsel fee of $1,250. Special Term decided to award counsel fees in the matter solely on conflicting affidavits and written statements of financial worth. In the light of the holdings in Orr v Orr (440 US 268) and Childs v Childs (69 AD2d 406), we deem it necessary that a hearing be held to do justice between the contending parties. Mollen, P. J., Titone, O’Connor, Cohalan and Margett, JJ., concur.